Court : Mumbai
Reported in : (1908)10BOMLR994
..... all. 339.15. if the collector proceeds with the inquiry he is directed to make under the act, that amounts to a confession of title in the claimant or claimants ; and having arrived at the compensation payable ..... produce a prima facie title to receive the compensation. in case of dispute between claimants he can refer them to the court under section 30 of the land acquisition act 1894.8. instead of stopping the proceedings however the collector continued the inquiry regarding the market value of the land, without any objection taken by the claimant, ..... in proceedings under act i of 1894. 'it seems a contradiction in terms to speak of the collector as seeking acquisition of land when he asserts that the land is his own and that no other person has any interest in it '. this decision was approved of in the crown brewery, mussoorie v. collector of dehra dun ilr (1897) .....
Tag this Judgment!Court : Allahabad
Reported in : 1Ind.Cas.220
aikman, j.1. this is an application for the revision of an order of the district magistrate of dehra dun, directing the prosecution of the applicant for offences under sections 193, 465 and 471 of the indian penal code. the offences are alleged to have been committed by the applicant as plaintiff in a suit for profits brought under the provisions of the tenancy act in the court of an assistant collector of the first class. in my opinion the order of the district magistrate was entirely without jurisdiction and cannot be justified either under section 195 or 476 of the code of criminal procedure. i quash the order of the district magistrate dated the 2nd of november 1908. any proceeding instituted against the applicant under that order must be dropped.
Tag this Judgment!Court : Mumbai
Reported in : (1910)12BOMLR34
..... 1897) all. 339. these, indeed, were decisions under the old land acquisition act (x of 1870); but there is no material difference in principle or language between that and the present ..... conform to the type. in other words, government, as it seems to me, are not debarred from acquiring and paying for the only outstanding interests merely because the act, which primarily contemplates all interests as held outside government, directs that the entire compensation, based upon the market value of the whole land, must be distributed among the ..... if the act, on a proper construction of its language, allows it, it cannot be helped. the learned judge's view is supported by two decisions of the allahabad high court which he has cited-i mad all khan v. the collector of farukhabad ilr(1885) all. 817; the crown brewery, mussoorie v. the collector of dehra dun ilr ( .....
Tag this Judgment!Court : Allahabad
Reported in : 13Ind.Cas.185
1. this was a suit by the appellant for partition of a house and its appurtenances in dehra dun. the appellant paid a court-fee stamp of rs. 10 on his plaint under the court fees act, schedule ii, article 17(vi). the respondents pleaded that the court-fee paid was insufficient. they contended that it should be caloulated on the value of the .....
Tag this Judgment!Court : Allahabad
Reported in : (1912)ILR34All184
karamat husain and chamier, jj.1. this was a suit by the appellant for partition of a house and its appurtenances in dehra dun. the appellant paid a court fee stamp of rs. 10 on his plaint under the court fees act, schedule ii, article 17(vi). the respondents pleaded that the court fee paid was insufficient. they contended that it should be calculated .....
Tag this Judgment!Court : Allahabad
Reported in : 13Ind.Cas.420
..... the appellants 22/40 and to the respondent mrs. powell 28/40 of the sum of rs. 7,768-8 awarded by the superintendent of dehra dun as compensation for certain land taken up under the land acquisition act for public purposes. it is not now disputed that rs. 7,768-8 represent the fair value of the property taken up, and the ..... on the point is quite worthless. the district judge has arrived at the conclusion, as we understand his judgment that occupancy-tenants in the suburbs of the town of dehra dun which include the village in question are practically sub-proprietors who are entitled to transfer their rights and need only pay a quit-rent to the zemindars. in arriving at ..... this conclusion he made use of some remarks made by mr. dampier in a rent rate report for the dehra suburb circle. it is not contended here that these remarks are admissible in evidence. they ought to have been excluded, and even if they are admitted, we consider that .....
Tag this Judgment!Court : Allahabad
Reported in : (1913)ILR35All9; 17Ind.Cas.672
..... order that he might ascertain the respective values of the interests of the appellants and mrs. powell in the land in question for which the superintendent of dehra dun has awarded under the land acquisition act a sum of rs. 7,768-8-0. the learned judge rightly, as we think, set himself to ascertain what were the respective rights of the appellants ..... it, that the interest of the appellant in the land was worth no more than rs. 1,060, and that the balance of the sum awarded by the superintendent of dehra dun, namely, rs. 6,708-8-0, should be given to mrs. powell. but in case this court did not agree with the view that mrs. powell was an abadi tenant .....
Tag this Judgment!Court : Kolkata
Reported in : 39Ind.Cas.889
..... under the crown by tenants, their subordinate interest alone may be acquired under the land acquisition act: [see also imdad ali khan v. collector of farakhabad 7 a. 817 ; a.w.n. (1885) 242 ; 4 ind. dec. (n.s.) 892; crown brewery v. collector of dehra dun 19 a. 339 ; a.w.n. (1897) 78 ; 9 ind. dec. (n.s.) 223; ..... clause (c) of sub-section (1) of section 23. these sections make it plain beyond controversy that if land is acquired under the provisions of the land acquisition act, compensation must be awarded in respect thereof. the acquisition is made on the assumption that there is an interest to be acquired and paid for; it is beyond the ..... conclusion that even if these facts were established, it made no difference in the position of the claimant and that the land could be compulsorily acquired under the land acquisition act without the assessment of any compensation therefor. 2. on the present appeal the claimant has contended that this view is erroneous, and that it is obligatory upon the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All158; 50Ind.Cas.992
henry richards, c.j.1. this is a reference by the learned sessions judge of dehra dun re-commending under section 438 of the code of criminal procedure that the conviction and sentence passed against gurdin should be set aside. it appears that some shrubs in the ..... to the head mali and the head mali was the accused gurdin. it is proved that this verbal order was communicated to gurdin who disobeyed or disregarded the order, probably acting under instructions from the owner of the compound. thereupon a charge was made against gurdin under section 288 of the cantonment code for not having complied with the order to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1920All232(2); 57Ind.Cas.84
..... the indian penal code. to out a long story short, it is the climax of a long controversy between some high class brahmins in a village in the district of dehra dun on the one side and some persons in the same village who call themselves 'rahtia sikhs' who have settled there in order to engage in trade, having removed from ..... utilized for an underhand, malicious and super fluous attack upon the individual it is intended to injure, and, therefore, if it be a fact that the accused did not act in good faith but used an offensive expression which was unnecessary to the case and intended to injure, that would be a reason for convicting and inflicting a substantial fine ..... case of this kind, however trivial, without first clearing its mind as to what it has to decide. in a complaint under sections 499 and 500 for a criminal act in respect of words spoken, the first issue to be determined is this :--were the words spoken and published by the accused concerning the complainant the learned judge has not .....
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